HomeMy WebLinkAboutOrdinance-1991-0885
INTRODUCED BY COUNCILMEMBER
EDWARDS
Ordinance No. 885
Series of 1991
TITLE:
AN ORDINANCE REENACTING, WITH AMENDMENTS, THE PROVISIONS
OF CHAPTER 11, LICENSES, PERMITS AND MISCELLANEOUS
BUSINESS REGULATIONS; AND CHAPTER 22, TAXATION, OF THE
CODE OF LAWS OF THE CITY OF WHEAT RIDGE.
WHEREAS, the City council of the City of Wheat Ridge adopted
Ordinance 869, Series of 1991, on August 12, 1991, which ordinance
became effective September 1, 1991;
WHEREAS, subsequent to September 1, 1991, the electors of the
City of Wheat Ridge adopted, by a vote of 2,948 in favor and 635
opposed, at the regular election of November 5, 1991, an amendment
to the City's Home Rule Charter reiterating the authority of the
City Council to impose taxes, subject to the requirement that the
rate of sales tax not be raised without a vote of the electorate;
WHEREAS, subsequent to November 1, 1991, the Colorado
Municipal League (CML) and the Colorado Association of Commerce and
Industry (CACI) have jointly agreed upon uniform definitions to be
included with the sales tax ordinances of the various
municipalities in the State of Colorado, and CML has requested all
Colorado municipalities, including home rule municipalities such
as Wheat Ridge, to adopt those uniform definitions and certain
uniform audit provisions, all of which are set forth herein;
WHEREAS, subsequent to September 1, 1991, certain Colorado
Supreme Court opinions have been rendered which clarify the rights
and duties of Colorado home rule cities regarding sales and use tax
dispute resolution procedures;
WHEREAS, in an effort to be responsible, and in a further
effort to be responsive to the above circumstances, the City
Council of the City of Wheat Ridge has determined to readopt, with
amendments, the provisions of Ordinance 869, Series of 1991.
NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF WHEAT RIDGE, COLORADO, THAT:
Section 1.
the City of Wheat
amended, repealed,
The following Sections of the Code of Laws of
Ridge, as either adopted, or as expressly not
or altered in any way, by Ordinance 869, Series
of 1991, are hereby expressly readopted without amendment,
alteration or change:
Section 11-1. Exempt Institution License
section 11-22. violations
section 11-23. Scope of Article
Section 11-24. Applications
section 11-25. Issuance of License
section 11-26. Licenses
section 11-27. Expiration of and Renewal of License
section 11-28. Denial of License
section 11-29. Fees
Section 11-30. Cancellation of License
section 11-31. Suspension
section 11-32. Conditional Suspension
section 11-33. Revocation
section 11-34. Adverse Action
section 22-1. Lodger's Tax
section 22-2. Admissions' Tax
Section 22-21 (b) Definitions and Usage
section 22-23. Motor Vehicles
section 22-33. Administrative Authority of Treasurer
Section 22-36. Disputes; Refunds, Limitation of Actions
section 22-37. Nonresident Vendor
section 22-38. Transfer of Ownership of Business; Renewal
or Issuance of Business License
section 22-39. Liability of Retailer or Vendor for
Collection
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section 22-40. Reports by Vendor; Payment of Tax; Monies
Collected Held in Trust
section 22-41. Sales or Use Tax; Deficiency
section 22-42. Business Records; Burden of Proof
section 22-43.
Refusal to Report; Estimate
Emergency Collection Procedures;
and Interest
of Tax;
Penalties
section 22-44. Limitation of Action
section 22-45(a) and (b). Taxpayer's Remedies
section 22-46. Additional Remedies of City
section 22-56. Schedule
section 22-57. Property and Service Subject to Tax
section 22-58, except (2) and (25). Exempt Sales
Section 22-66. Property Subject to Tax
Section 22-67. Exemptions, except 22-67(2)
section 22-68. Building Materials and Supplies
section 2. section 22-21. Definitions and Usage, of the Code
of Laws of the City of Wheat Ridge is hereby amended by adding the
following definitions to subpart 22-21(a):
"Access services" means the services furnished by a local
exchange company to its customers who provide telecommunications
services which allow them to provide such telecommunications
services.
"Auction" means any sale where tangible personal property is
sold by an auctioneer who is either the agent for the owner of such
property or is in fact the owner thereof.
"Automotive vehicle" or "motor vehicle" means any vehicle or
device in, upon, or by which any person or property is or may be
transported or drawn upon a public highway, or any device used or
designed for aviation or flight in the air. Automotive vehicle
includes, but is not limited to, motor vehicles, trailers, semi-
trailers, or mobile homes. Automotive vehicle shall not include
devices moved by human power or used exclusively upon stationary
rails or tracks.
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"Exempt commercial packaging materials" means containers,
labels and shipping cases sold to a person engaged in
manufacturing, compounding, or wholesaling, jobbing, retailing,
packaging, distributing or bottling for sale, profit or use that
meets all of the following conditions: (i) is used by the
manufacturer, compounder, wholesaler, jobber, retailer, packager,
distributor or bottler to contain or label the finished product;
(ii) is transferred by said person along with and as a part of the
finished product to the purchaser; and (iii) is not refundable to
said person for reuse.
"Finance Director" means the Treasurer of the City of Wheat
Ridge, or his designee.
"Lodging services" means the furnishing of rooms or
accommodations by any person, partnership, association,
corporation, estate, representative capacity or any other
combination of individuals by whatever name known to a person who
for a consideration uses, possesses, or has the right to use or
possess any room in a hotel, inn, bed and breakfast residence
apartment hotel, lodging house, motor hotel, guesthouse, guest
ranch, trailer coach, mobile home, auto camp, or trailer court and
park, OR SIMILAR ESTABLISHMENT, for a period of less than thirty
(30) days under any concession, permit, right of access, license
to use, or other agreement, or otherwise.
"Pay
microwave
imposed.
television" shall include, but not be limited to, cable,
or other television service for which a charge is
"Preprinted newspaper supplements" shall mean inserts,
attachments or supplements circulated in newspapers that: (1) are
primarily devoted to advertising; and (2) the distribution,
insertion, or attachment of which is commonly paid for by the
advertiser.
"Prescription drugs for animals" means drugs dispensed in
accordance with any order in writing, dated and signed by a
practitioner, or given orally by a practitioner, specifying the
animal for which the medicine or drug is offered and directions,
if any, to be placed on the label.
"Purchase" or "sale" means the acquisition for any
consideration by any person of tangible personal property or
taxable services that are purchased, leased, rented, sold, used,
stored, distributed, or consumed, but excludes a bona fide gift of
property or services. These terms include capital leases,
installment and credit sales, and property and services acquired
by:
(1) Transfer, either conditionally or absolutely, of
title or possession or both to tangible personal property;
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(2) A lease, lease-purchase agreement, rental or grant
of a license, including royalty agreement, to use tangible personal
property or taxable services;
(3) Performance of taxable services; or
(4) Barter or exchange for other property or services
including coupons.
The terms "purchase" and "sale" do not include:
(1) A division of partnership assets among the partners
according to their interests in the partnership;
(2) The formation of a corporation by the owners of a
business and the transfer of their business assets to the
corporation in exchange for all the corporation's outstanding
stock, except qualifying shares, in proportion to the assets
contributed;
(3) The transfer of assets of shareholders in the
formation or dissolution of professional corporations;
(4) The dissolution and the pro rata distribution of the
corporation's assets to its stockholders;
(5) A transfer of a partnership interest;
(6) The transfer in a reorganization qualifying under
section 368 (a) (1) of the "Internal Revenue Code of 1954," as
amended;
(7) The formation of a partnership by the transfer of
assets to the partnership or transfers to a partnership in exchange
for proportionate interests in the partnership;
(8) The repossession of personal property by a chattel
mortgage holder or foreclosure by a lienholder;
(9) The transfer of assets from a parent corporation to
a subsidiary corporation or corporations which are owned at least
eighty percent (80%) by the parent corporation, which transfer is
solely in exchange for stock or securities of the subsidiary
corporation;
(10) The transfer of assets from a subsidiary corporation
or corporations which are owned at least eighty percent (80%) by
the parent corporation to a parent corporation or to another
subsidiary which is owned at least eight percent (80%) by the
parent corporation, which transfer is solely in exchange for stock
or securities of the parent corporation or the subsidiary which
received the assets;
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(11) The transfer of assets between parent and closely
held subsidiary corporation, or between subsidiary corporations
closely held by the same parent corporation, or between
corporations which are owned by the same shareholders in identical
percentage of stock ownership amounts, computed on a share-by-share
basis, when a tax imposed by this article was paid by the
transferor corporation at the time it acquired such assets, except
to the extent that there is an increase in the fair market value
of such assets resulting from the manufacturing, fabricating, or
physical changing of the assets by the transferor corporation. To
such an extent any transfer referred to in this paragraph (11)
shall constitute a sale. For the purposes of this paragraph (11),
a closely held subsidiary corporation is one inn which the parent
corporation owns stock possessing at least eight percent (80%) of
the total combined voting power of all classes of stock entitled
to vote and owns at least eighty percent (80%) of the total
combined voting power of all classes of stock entitled to vote and
owns at least eighty percent (80%) of the total number of shares
of all other classes of stock.
"Recreation services" means all services relating to athletic
or entertainment participation events including but not limited to
pool, golf, billiards, skating, tennis, bowling, health/athletic
club memberships, coin operated amusement devices, video games and
video club memberships.
"Tax deficiency" means any amount of tax that is not reported
or not paid on or before the due date.
"Taxable services" means services subject to tax pursuant to
this Code.
"Therapeutic device" means devices, appliances, or related
accessories that are sold to correct or treat a human physical
disability or surgically created abnormality; if such device,
appliance or related accessory has a retail value of more than one
hundred dollars, it must be sold in accordance with a written
recommendation from a licensed doctor to qualify as a "therapeutic
device" for purposes of this Code.
"Total tax liability" means the total of all tax, penalties
or interest owed by a taxpayer and shall include sales tax
collected in excess of such tax computed on total sales.
"WATS/800 service" means any outbound or inbound interstate
wide area telecommunications service or other similar service which
entitles the subscriber, upon payment of a periodic charge, based
upon a flat amount and/or usage, to make or receive a large volume
of telephonic communications to or from persons having telephone
or radio telephone stations in specified areas which are outside
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the telephone system area in which the subscriber's station is
located.
section 3. The Code of Laws of the City of
hereby amended by repealing and reenacting
definitions in section 22-21(a) thereof:
Wheat Ridge is
the following
"Business" means all activities engaged in or caused to be
engaged in with the object of gain, benefit, or advantage, direct
or indirect.
"Charitable organization" means any entity organized and
operated exclusively for religious, charitable, scientific, testing
for public safety, literary, or educational purposes, or to foster
national or international amateur sports competition (but only if
no part of its activities involve the provision of athletic
facilities or equipment), or for the prevention of cruelty to
children or animals, no part of the net earning of which inures to
the benefit of any private shareholder or individual, no
substantial part of the activities of which is carrying on
propaganda, or otherwise attempting, to influence legislation, and
which does not participate in, or intervene in (including the
publishing or distributing of statements), any political campaign
on behalf of any candidate for public office.
"Drugs dispensed in accordance with a prescription" or
"prescription drugs" means drugs dispensed in accordance with any
order in writing, dated and signed by a licensed practitioner of
the healing arts, or given orally by a practitioner, and
immediately reduced to writing by the pharmacist, assistant
pharmacist, or pharmacy intern, specifying the name and address of
the person for whom the medicine, drug or poison is offered and
directions, if any, to be placed on the label.
"Engaged in business in
providing services or selling,
installing tangible personal
consumption wi thin the city.
includes, but is not limited
activities by a person:
the city" means performing or
leasing, renting, delivering or
property for storage, use or
Engaged in business in the City
to, anyone of the following
(1) Directly, indirectly, or by a subsidiary maintains
a building, store, office, salesroom, warehouse, or other place of
business within the taxing jurisdiction;
(2) Sends one or more employees, agents or commissioned
sales persons into the taxing jurisdiction to solicit business or
to install, assemble, repair, service, or assist in the use of its
products, or for demonstration for other reasons;
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(3) Maintains one or
commissioned sales persons duty at
jurisdiction;
more employees, agents or
a location within the taxing
(4) Owns, leases, rents or otherwise exercises control
over real or personal property within the taxing jurisdiction; or
(5) Makes more than one delivery into the taxing
jurisdiction within a twelve (12) month period.
"Farm closeout sale" means full and final disposition of all
tangible personal property previously used by a farmer or rancher
in farming or ranching operations which are being abandoned.
"Gross sales"
credit, property or
sales, leases, or
services.
means the total amount received in money,
other consideration valued in money for all
rentals of tangible personal property or
"Linen services" means
cleaning of linens, including
coveralls and diapers.
services involving provision and
but not limited to rags, uniforms,
"Medical equipment" means all items of tangible personal
property utilized by a physician, dentist or veterinarian, or which
is utilized within a healthcare facility, in the rendering or
delivery of medical or healthcare services to any person or animal.
"Medical supplies" means drugs dispensed in accordance with
a prescription; insulin in all its forms dispensed pursuant to the
direction of a licensed physician; glucose useable for treatment
of insulin reactions; urine- and blood-testing kits and materials;
insulin measuring and injecting devices, including hypodermic
syringes and needles; prosthetic devices; wheelchairs and hospital
beds; drugs or materials when furnished by a doctor as part of
professional services provided to a patient; and corrective
eyeglasses, contact lenses, or hearing aids; provided that these
definitions include items purchased for use by medical and dental
practitioners or medical facilities in providing their services,
even though certain of those items may be packaged for single use
by individual patients after which the item would be discarded.
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"Newspaper" means a publication, printed on newsprint,
intended for general circulation, and published regularly at short
intervals, containing information and editorials on current events
and news of general interest. The term newspaper does not include:
magazines, trade publications or journals, credit bulletins,
advertising inserts, circulares, directories, maps, racing
programs, reprints, newspaper clipping and mailing services or
listings, publications that include an updating or revision
service, or books or pocket editions of books.
"Price" or "purchase price" means the price to the consumer,
exclusive of any direct tax imposed by the federal government or
by this article, and, in the case of all retails sales involving
the exchange or property, also exclusive of the fair market value
of the property exchanged at the same time and place of the
exchange, if:
(1) Such exchanged property is to be sold thereafter in
the usual course of the retailer's business, or
(2) Such exchanged property is a vehicle and is
exchanged for another vehicle and both vehicles are subject to
licensing, registration, or certification under the laws of this
state, including, but no limited to, vehicles operating upon public
highways, off-highway recreation vehicles, watercraft, and
aircraft. Any money or other consideration paid over and above the
value of the exchanged property is subject to tax.
"Price" or "purchase price" includes:
credits;
(1) The amount of money received or due in cash and
(2) Property at fair market value taken in exchange but
not for resale in the usual course of the retailer's business;
(3) Any consideration valued in money, such as trading
stamps or coupons whereby the manufacturer or someone else
reimburses the retailer for part of the purchase price and other
media of exchange;
(4) The total price charged on credit sales including
finance charges which are not separately stated. An amount charged
as interest on the unpaid balance of the purchase price is not part
of the purchase price unless the amount added to the purchase price
is included in the principal amount of a promissory note; except
the interest or carrying charge set out separately from the unpaid
balance of the purchase price on the face of the note is not part
of the purchase price. An amount charged for insurance on the
property sold and separately stated is not part of the purchase
price;
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(5) Installation, delivery and wheeling-in charges
included in the purchase price and not separately stated;
(6) Transportation and other charges to effect delivery
of tangible personal property to the purchaser;
(7) Indirect federal manufacturers' excise taxes, such
as taxes on automobiles, tires and floor stock;
(8) The gross purchase price of articles sold after
manufacturing or after having been made to order, including the
gross value of all the materials used, labor and service performed
and the profit thereon.
"Price" or "purchase price" shall not include:
(1) Any sales or use tax imposed by the state of
Colorado or by any political subdivision thereof;
(2) The fair market value of property exchanged if such
property is to be sold thereafter in the retailer's usual course
of business. This is not limited to exchanges in Colorado. Out
of state trade-in's are an allowable adjustment to the purchase
price.
(3) Discounts from the original price if such discount
and the corresponding decrease in sales tax due is actually passed
on to the purchaser. An anticipated discount to be allowed for
payment on or before a given date is not an allowable adjustment
to the price in reporting gross sales.
"Private communications services" means telecommunications
services furnished to a subscriber, which entitles the subscriber
to exclusive or priority use of any communication channel or groups
of channels, or to the exclusive or priority use of any interstate
inter-communications system for the subscriber's stations.
"Prosthetic Devices" means any artificial limb, part, device
or appliance for human use which aids or replaces a bodily
function; is designed, manufactured, altered or adjusted to fit a
particular individual; and is prescribed by a licensed practitioner
of the healing arts. Prosthetic devices include but are not
limi ted to prescribed auditory, ophthalmic or ocular, cardiac,
dental, or orthopedic devices or appliances, oxygen concentrators
and oxygen with related accessories.
"Retail sales" means all sales except wholesale sales.
"Retailer" or "vendor" means any person selling, leasing or
renting tangible personal property or services at retial. Retailer
shall include:
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(1) Auctioneer;
(2) Salesperson, representative, peddler or canvasser,
who makes sales as a direct or indirect agent of or obtains such
property or services sold from a dealer, distributor, supervisor
or employer;
(3) Charitable organization or governmental entity which
makes sales of tangible personal property to the public,
notwithstanding the fact that the merchandise sold may have been
acquired by gift or donation or that the proceeds are to be used
for charitable or governmental purposes.
"Sales tax" means the tax to be collected and remitted by a
retailer on sales taxed under this Code.
"Tax" means the use tax due from a consumer or the sales tax
due from a retailer or the sum of both due from a retailer who also
consumes.
"Taxable sales" means gross sales less any exemptions and
deductions specified in this Code.
"Taxpayer" means any person obligated to collect and/or pay
tax under the terms of this Code.
"Telecommunications service" means the transmission of any
two-way interactive electromagnetic communications including but
not limited to voice, image, data and any other information, by the
use of any means but not limited to wire, cable, fiber optical
cable, microwave, radio wave or any combinations of such media.
"Telecommunications service" includes but is not limited to basic
local exchange telephone service, toll telephone service and
teletypewriter service, including but not limited to residential
and business service, directory assistance, cellular mobile
telephone or telecommunication service, specialized mobile radio
and two-way pagers and paging service, including any form of mobile
two-way communication. "Telecommunications service" does not
include separately stated non transmission services which
constitute computer processing applications used to act on the
information to be transmitted.
"Use tax" means the tax paid or required to be paid by a
consumer for using, storing, distributing or otherwise consuming
tangible personal property or taxable services inside the City.
"Wholesale sales" means sales to licensed retailers, jobbers,
dealers or wholesalers for resale. Sales by wholesalers to
consumers are not wholesale sales. Sales by wholesalers to non-
licensed retailers are not wholesale sales.
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section 4. Except as amended in sections 2 and 3 of this
ordinance, all definitions set forth in section 22-21 as adopted
in Ordinance 869, Series of 1991, are hereby readopted.
section 5.
hereby amended
provisions:
The Code of Laws of the city of Wheat Ridge is
by repealing and reenacting the following
section 22-22. Legislative Intent. It is the intent of
the city of Wheat Ridge that all sales, transfers or consumption
of tangible person property within the city of Wheat Ridge shall
be subject to the sales and/or use tax imposed hereby, unless the
same is specifically exempted from taxation under the provisions
of sections 22-58 or 22-67 hereof. The City Council of the City
of Wheat Ridge hereby reaffirms its authority as a home rule city,
pursuant to the provisions of Article XX of the Constitution of the
state of Colorado, and the Home Rule Charter of the City of Wheat
Ridge, to "assess, levy, and collect" local sales and use taxes as
deemed appropriate by this City Council, in the exercise of its
lawful legislative discretion.
Section 22-45(c). If the dispute was not resolved by the
informal hearing, the taxpayer, pursuant to the expressed authority
of Colo. Rev. Stat. 29-2-106.1(9), may elect to pursue either of
the following avenues of appeal within thirty (30) days of the
City's final decision:
(1) The taxpayer may request a formal hearing on the
record before a hearing officer, who shall be selected from among
other metropolitan Denver Treasurers/Finance Directors, or who
shall be a neutral arbitrator selected by agreement of the parties.
The hearing shall be held within sixty (60) days of the taxpayer's
request. Those costs of compensation to the hearing officer and
transcription costs shall be divided equally between the City and
the taxpayer.
a. The formal hearing will be on the merits and
on the record. The taxpayer shall be responsible for retention of
his own legal counsel, if he chooses to be so represented. A
transcript of the hearing will be maintained and the Colorado Rules
of Evidence shall be observed unless otherwise agreed by the
parties. The City shall not be entitled to file a legal brief
unless the taxpayer chooses to submit such a brief or statement of
legal authorities. The parties may call witnesses who will be
subject to cross examination.
b. Upon notice to the taxpayer that the City has
granted the taxpayer a formal hearing, the taxpayer shall deposit
with the City fifty percent (50%) of the amount of the tax
deficiency in dispute. The taxpayer will also pay to the City all
amounts of tax and related penalties and interest not in dispute.
The taxpayer may request permission of the City Treasurer to post
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security or a bond in lieu of cash payment of the amount in
dispute, which request will be granted by the City Treasurer if the
Treasurer, in his sole discretion, determines the bond or security
is adequate to protect the City's interest. Failure to post the
cash or security required herein shall result in the denial of
taxpayer's appeal.
c. Any appeal from the decision rendered after
such formal hearing shall be pursuant to Rule 106 (a) (4) of the
Colorado Rules of civil Procedure.
d. In the event the final decision denies the
taxpayer's claims, such taxes, penalties and interest unpaid shall
become immediately payable without further notice of demand for
payment by the city. The City shall use all additional remedies
to collect unpaid taxes, penalties and interest as provided for
under section 22-46; or
(2) The taxpayer may elect to pursue the appeal
provisions of Colo. Rev. stat. 29-2-106.1.
section 22-58. Exempt sales.
(2) Except as otherwise provided in this chapter 22, all
direct sales to, but not sales by, charitable organizations, as
defined in section 22-21 in the conduct of their regular religious,
charitable, and eleemosynary functions and activities; provided,
however, that building materials and supplies shall be subject to
use tax as provided in section 22-68 hereof. Any exempt
organization which makes sales of tangible personal property to the
public and which otherwise meets the definition of a retailer in
Section 22-21, must have a sales tax license and collect and remit
tax in the same manner as any other retailer. The fact that the
merchandise sold may have been acquired by gift or donation, or
that the proceeds are to be used for charitable purposes, does not
make the sales exempt from tax.
(25) All sales of drugs dispensed in accordance with a
prescription, prescription drugs for animals, all sales of insulin
in all its forms dispensed pursuant to the direction of a licensed
physician, and all sales of prosthetic devices for humans and
animals.
section 22-67. Exemptions.
(2) Tangible personal property, which if it were sold
at retail within the City, would be exempt from sales tax under the
provisions of Section 22-58, provided, however, that any building
materials and supplies shall be subject to use tax as provided in
section 22-68 hereof.
Section 6.
Chapter 22 of the Code of Laws of the City of
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Wheat Ridge is hereby amended by adding thereto the following
sections:
section 11-21. Definitions.
The definitions applicable to this Article can be found
in Section 22-21.
section 22-36(b).
Disputes; Refunds; Limitation of
Actions.
(b)
subject to the
of Laws.
The provisions of this section 22-36 are expressly
provisions of sections 22-45 and 22-47 of this Code
Section 22-42(i).
Business Records; Burden of Proof.
(i) Coordinated Audit.
1. Any taxpayer licensed in this City pursuant to
Section 11-1 or 11-23 of this Code of Laws, and holding a similar
sales tax license in at least four other Colorado municipalities
that administer their own sales tax collection, may request a
coordinated audit as provided herein.
2. Within fourteen (14) days of receipt of notice
of an intended audit by any municipality that administers its own
sales tax collection, the taxpayer may provided to the finance
director of this City, by certified mail, return receipt requested,
a written request for a coordinated audit indicating the
municipality from which the notice of intended audit was received
and the name of the official who issued such notice. Such request
shall include a list of those Colorado municipalities utilizing
local collection of their sales tax in which the taxpayer holds a
current ;sales tax license and a declaration that the taxpayer will
sign a waiver of any passage-of-time based limitation upon this
City's right to recover tax owed by the vendor for the audit
period.
3. Except as provided in paragraph 6, any taxpayer
that submits a complete request for a coordinated audit and
promptly signs a waiver of the time limits established in sections
22-42(d) and 22-44(a) of this Code of Laws may be audited this City
during the twelve (12) months after such request is submitted only
through a coordinated audit involving all municipalities electing
to participate in such an audit.
4. If this city desires to participate in the
audit of a taxpayer that submits a complete request for a
coordinated audit pursuant to paragraph (3), the finance director
shall so notify the finance director of the municipality whose
notice audit prompted the taxpayer's request within ten (10) days
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after receipt of the taxpayer's request for a coordinated audit.
The finance director shall then cooperate with other participating
municipalities in the development of arrangements for the
coordinated audit, including arrangement of the time during which
the coordinated audit will be conducted, the period of time to be
covered by the audit, and a coordinated notice to the taxpayer of
those records most likely to be required for completion of the
coordinated audit.
5. If the taxpayer's request for a coordinated
audit was in response to a notice of audit issued by this city,
this City's finance director shall facilitate arrangements between
this City and other municipalities participating in the coordinated
audit unless and until an official from some other participating
municipali ty agrees to assume this responsibility. The finance
director shall cooperate with other participating municipalities
to, whenever practicable, minimize the number of auditors that will
be present on the taxpayer's premises to conduct the coordinated
audit on behalf of the participating municipalities. Information
obtained by or on behalf of those municipalities participating in
the coordinated audit may be shared only among such participating
municipalities.
6. If the taxpayer's request for a coordinated
audit was in response to a notice of audit issued by this City,
this City's finance director shall, once arrangements for the
coordinated audit between the City and other participating
municipalities are completed, provide written notice to the
taxpayer of which municipalities will be participating, the period
to be audited and the records most likely to be required by
participating municipalities for completion of the coordinated
audit. The finance director shall also propose a schedule for the
coordinated audit.
7. The coordinated audit procedure set forth in
this section shall not apply:
audit;
(a) When the proposed audit is a jeopardy
(b) To audits for which a notice of audit was
given prior to the effective date of this section;
a waiver of
22-44 (a) of
(c) When a taxpayer refuses to promptly sign
the time limits established in sections 22-42(d) and
this Code of Laws, or,
(d) When a taxpayer fails to provide a timely
and complete request for a coordinated audit as provided in such
paragraph (2) of this subsection 22-42(i).
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section 22-47. Intercity Claims for Recovery. The
intent of this section is to streamline and standardize procedures
related to situations where tax has been remitted to the incorrect
municipality. It is not intended to reduce or eliminate the
responsibilities of the taxpayer or vendor to correctly pay,
collect, and remit sales and use taxes to the City.
(a) As used herein, "claim for recovery" means a claim
for reimbursement of sales and use taxes paid to the wrong taxing
jurisdiction.
(b) When it is determined by the Treasurer that sales
and use tax owed to the City has been reported and paid to another
municipality, the City shall promptly notify the vendor that taxes
are being improperly collected and remitted, and that as of the
date of the notice the vendor must cease improper tax collections
and remittances.
(c) The City may make a written Claim for Recovery
directly to the municipality that received tax and/or penalty and
interest owed to the City, or, in the alternative, may institute
procedures for collection of the tax from the taxpayer or vendor.
The decision to make a Claim for a Recovery lies in the sole
discretion of the City. Any Claim for Recovery shall include a
properly executed release of claim from the taxpayer and/or vendor
releasing its claim to the taxes paid to the wrong municipality,
evidence to substantiate the Claim, and a request that the
municipality approve or deny in whole or in part, the claim within
ninety (90) days of its receipt. The municipality to which the
City submits a Claim for Recovery may, for good cause, request an
extension of time to investigate the Claim, and approval of such
extension by the City shall not be unreasonably withheld.
(d) within ninety (90) days after receipt of a Claim for
Recovery, the City shall verify to its satisfaction whether or not
all or a portion of the tax claimed was improperly received, and
shall notify the municipality submitting the claim in writing that
the Claim is either approved or denied in whole or in part,
including the reasons for the decision. If the Claim is approved
in whole or in part, the City shall remit the undisputed amount to
the municipality submitting the Claim within thirty (30) days of
approval. If a Claim is submitted jointly by a municipality and
a vendor or taxpayer, the check shall be made to the parties
jointly. Denial of a Claim for Recovery may only be made for good
cause.
(e) The City may deny a Claim on the grounds that it has
previously paid a Claim for Recovery arising out of an audit of the
same taxpayer.
(f) The period subject to a Claim for Recovery shall be
limited to the thirty-six (36) month period prior to the date the
16
municipality that was wrongly paid the tax receives the Claim for
Recovery.
section 22-48.
Amendment.
Notice of Sales and Use Tax Ordinance
(a) In order to initiate a central register of sales and
use tax ordinances for municipalities that administer local sales
tax collection, the finance director of the City shall file with
the Colorado Municipal League prior to the effective date of this
Section.
(b) In order to keep current the central register of
sales and use tax ordinances for municipalities that administer
local sales tax collection, the finance director of the City shall
file with the Colorado Municipal League prior to the effective date
of any amendment a copy of each sales and use tax ordinance
amendment enacted by the City.
(c) Failure of the City to file such ordinance or
ordinance amendment pursuant to this section shall not invalidate
any provision of the sales and use tax ordinance or any amendment
thereto.
Section 22-49. Participation in Simplification Meetings.
The Treasurer shall cooperate with and participate on an as-
needed basis with a permanent statewide sales and use tax committee
convened by the Colorado Municipal League which is composed of
state and municipal sales and use tax officials and business
officials. Said committee will meet for the purpose of discussing
and seeking resolution to sales and use tax problems which may
arise.
Section 22-57. Property and Service Subject to Tax.
(22) Medical supplies and medical equipment. All medical
supplies and medical equipment, as hereinbefore defined, except
those specifically exempted pursuant to Section 22-58(25) hereof,
shall be taxable, either as a sales tax to the ultimate consumer
(i.e. patient) or as a use tax payable by either the health care
facility (whether or not the health care facility is a for-profit,
a not-for-profit, or a charitable institution or entity),
physician, dentist or veterinarian utilizing, making available for
utilization or consumption by others, or consuming the medical
supplies or equipment in the provision of health care services.
In the event either the City's sales or use tax is paid on any
non-exempt medical supply or item of medical equipment at the time
of its purchase, there shall not be a sales tax imposed on any
further sale or consumption of said medical supply or item of
medical equipment, the intent being to subject all transactions
17
involving non-exempt medical supplies and equipment to either the
sales tax or the use tax, but not both.
Section 7. Severability. If any clause, sentence, paragraph,
or part of this ordinance or the application thereof to any person
or circumstances shall for any reason be adjudged by a court of
competent jurisdiction invalid, such judgment shall not affect
application to other persons or circumstances.
section 8. Safety Clause. The City Council hereby finds,
determines, and declares that this ordinance is promulgated under
the general police power of the City of Wheat Ridge, that it is
promulgated for the health, safety, and welfare of the public, and
that this ordinance is necessary for the preservation of health and
safety and for the protection of public convenience and welfare.
The City Council further determines that the ordinance bears a
rational relation to the property legislative object sought to be
attained.
section 9. This ordinance shall become effective January 1,
1992 at 12:01 a.m.
INTRODUCED, READ, AND ADOPTED on first reading by a vote of
8 to 0 on this 25th day of November , 1991,
ordered published in full in a newspaper of general circulation in
the City of Wheat Ridge and Public Hearing and consideration on
final passage set for Monday. December 23 , 1991, at
7:30 o'clock p.m., in the Council Chambers, 7500 West 29th Avenue,
Wheat Ridge, Colorado.
READ, ADOPTED,
reading by a vote of
December
AND ORDERED
7 to
1991.
PUBLISHED
1 this
on second and
23rd day of
final
18
SIGNED by the Mayor on this 24th
1991.
day of
December
, 'h? / ' I"
-,<, '~l' (L< "j L )"
Ray J. , ,p'ger, Jr.( tt..ayor
ATTEST:
\ \
,----' I -J, \
,
,
Wanda
APPROVEDCA~O FORM BY
OFFICE~TY ATTORNEY
,( r )(
!' ( -, ----z
John E. Hayes~/c-:;-t>.k Attorney
/; 7~
1st Publication: December 5, 199r'
2nd Publication: January 2, 1992
Wheat Ridge sentinel:
Effective Date: January 1, 1992 at 12:01 a.m.
19